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(영문) 서울남부지방법원 2017.12.06 2017고단5017
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 23:00 on October 8, 2017, the Defendant did not pay a taxi fee after getting a taxi driven by D and arriving at the above location. While receiving the report of the above D D D 112, the Defendant refused to pay a “tax” by the police officer F of the Seoul Yangcheon Police Station E box called out after receiving the report of the above D, and told the police officer F of the above police station and the above E box urge him to return to the Defendant by taking the Defendant’s arms and return to India, and the police officer F of the above police station and the above E box recommended him to take the Defendant’s arms and return to India, and put him a food to F and G by spreading it.

As such, the Defendant assaulted F and G police officers, thereby obstructing police officers from performing their legitimate duties relating to the maintenance of order and prevention of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of the community service order: The crime of obstructing the performance of official duties is highly likely to be punished by severe punishment due to an act of light of public authority and disturbing legal order; the details and methods of the crime are inferior; the fact that there is no record of punishment for the same crime; the fact that there is no record of punishment for the same crime; and the fact that there is no record of punishment for the same crime in light of the sentencing conditions indicated in the record, such as the defendant’s age, sexual behavior, environment, etc.

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